19982. Misbranding of canned peaches.   U. S. v. 914 Cases * * *.    (F. D. C. No.
33955.   Sample No. 14968-L.) 
LIBEL FILED :   October 24,1952, Western District of Missouri.
ALLEGED SHIPMENT: On or about September 8, 1952, by the Smeltzer Orchard 
Co., from Beulah, Mich.
PRODUCT: 914 cases, each containing 24 1-pound, 14-ounce cans, of peaches at 
Kansas City, Mo.
LABEL IN PART : "Smeltzer Orchard Brand Yellow Freestone Halves Peaches 
In Heavy Syrup."
NATURE OF CHARGE: Misbranding, Section 403 (g) (2), the product purported 
to be and was represented as canned peaches, a food for which a definition and 
standard of identity has been prescribed by regulations, and its label failed 
to bear, as prescribed by the regulations, the name of the optional packing 
medium present since the label bore the statement "In Heavy Syrup" and the 
article was packed in light sirup. Further misbranding, Section 403 (h) (1), 
the product fell below the standard of quality for canned peaches in that the 
weight of some of the peach units was less than % ounce; the weight of the 
largest unit in the container was more than twice the weight of the smallest 
unit; and all of the units were not trimmed or so trimmed as to preserve their 
normal shape, and the label failed to bear a statement that the product fell 
below the standard.
DISPOSITION: December 2, 1952. The shipper, claimant, having consented to 
the entry of a decree, judgment of condemnation was entered and the court 
ordered that the product be released under bond to be relabeled under the 
supervision of the Federal Security Agency.
VEGETABLES